Transmission Gear Slipping Problems of Mitsubishi Montero Sport

In December 2002 I purchased my car (2001 Mitsubishi Montero Sport xls 4x4) from a local private seller. The car had about 38,000 at the time and was still under the 60,000 mile manufacturers warranty. The seller insisted he did not have the records of the repairs, but did give me a spreadsheet of routine maintenance for the car. After having the car checked by my regular mechanic I bought the car despite the lack of records since it had low mileage and was still under warranty. I then drove the car and performed the routine maintenance. In December 2003 the car reached 60,000 miles and was therefore due for routine maintenance. Due to my low income while attending graduate school I could not afford to get the service done until the car reached 61,000 miles. I opted not to get the service done at the dealer because of cost. The mechanic (carolina import and domestic, 4235 capital blvd. , raleigh, nc, 919-872-0350) immediately informed me the car was slipping between gears and the transmission fluid was black- meaning the transmission slipping was causing the fluid to be burned. The mechanic told me the transmission would need to be repaired soon but suggested I change the fluid every 15k in the meantime. After learning this I immediately approached the seller and requested the service records, if any, and he finally relented. The transmission fluid was changed at 38k by leith Mitsubishi cary and it was black then too- demonstrating leith Mitsubishi ignored the problem while the car was still under warranty. I then contacted leith Mitsubishi and they said the fluid should have been changed at 30k instead of 38k which caused the transmission to fail and they would not fix the car. Following this I contacted numerous mechanics and they all agreed that changing the fluid late would not cause the transmission to fail, that the transmission was failing before the fluid needed to be changed.

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